Lawyers seek to free children in detention

It is thought the children were working as crew on either people-smuggling or illegal fishing boats.

Chris Chidsey, file photo: www.sxc.hu

Northern Territory lawyers have used a rare legal measure in a bid to free 13 Indonesian children in immigration detention.

The children are between 13 and 17 years old and have been in detention in Darwin for up to 10 months.

They have not been charged, and the Northern Territory Supreme Court has granted a writ of habeas corpus to force the Immigration Minister to bring them before the court this Friday to explain the legal grounds for their detention.

It is thought the children were working as crew on either people-smuggling or illegal fishing boats.

Lawyer Simon Lee says the children are being kept in legal limbo, and he is worried about their mental health.

"I can see a lot of distress by some of these Indonesian fishing people who are impoverished and are taken advantage of [by] the true ringleaders of people smuggling back in Indonesia, who don't take any risk whatsoever," he said.

"I think that psychological damage is a very real possibility."

Mr Lee says the Federal Government should not be keeping Indonesian children in detention at all.

"They should be very swiftly ascertaining what the chronological age of the child is. If it's below the age of majority then to promptly repatriate them to Indonesia," he said.

"And if they're adults then to be laying charges and providing evidence to them."

Another lawyer, Robert Welfare, says he sought the writ because he believes it is wrong to detain the children.

"I am an Australian citizen and I am aware of our rights under international covenants to look after children," he said.

"It does not seem to be acceptable."

A spokesman for Immigration Minister Chris Bowen says he is unable to comment whilst legal proceedings are underway.

An Immigration Department spokesman says unlawful arrivals on the Australian mainland are subject to mandatory detention.

He says matters relating to charges for alleged people-smuggling activities are handled by the Australian Federal Police.